MIP article on protecting images, shapes and colours as trademarks in Asia

From the Taj Mahal Palace Hotel to the Nokia ringtone and the stripes of 7-Eleven convenience stores, Karry Lai explains why non-traditional trademark innovation in Asia is more than meets the eye.

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“Despite the successful registration of various non-traditional marks and the clarification of filing requirements for sound marks in the latest PRC Trademark Office’s examination guidelines, additional examples of registered non-traditional trade marks would still be required for applicants and practitioners to better understand the relevant examination standards, especially the requirements for distinctiveness,” says Yu Bo, partner at Simone IP Services.

For instance, the Beijing IP Court is expected to issue its decision in China’s first administrative lawsuit involving the registration of sound marks. The administrative lawsuit was filed by Tencent against the Trademark Review and Adjudication Board in relation to Tencent’s application for the “di di di di di di” sound mark, which is used in Tencent’s QQ instant messaging software and was rejected for registration due to lack of distinctiveness.